Britain v. Britain

by
The Supreme Court affirmed the district court’s dismissal of Appellant’s declaratory judgment claim challenging a codicil to Patricia Ann Britain’s will, holding that Appellant’s challenges to the codicil could not be brought through a declaratory judgment action. Appellant, the personal representative of Patricia’s estate, brought this action alleging that Patricia was not competent to execute the codicil at issue because she did not have the capacity to execute the codicil or acted under undue influence. The district court dismissed the declaratory judgment action, concluding that the personal representative of an estate was not entitled to maintain a declaratory judgment action to challenge a will codicil on the grounds that the testator lacked capacity and/or was unduly influenced. The Supreme Court affirmed, holding that the district court properly dismissed the action because a will contest is the exclusive method of testing the validity of a will when there are questions about the testator’s competence or questions about undue influence. View "Britain v. Britain" on Justia Law